•  2011/12 PAIA Annual Report
• Consolidated PAIA Audit Report

An Information Officer’s Understanding of PAIA

The Promotion of Access to Information Act 2 of 2000 must be seen against the backdrop of its origin. It’s an origin which all South African’s share, a painful past that has shaped the freedom and rights that we relish today. It is a well known fact that  pre 94’, South Africa was ruled by a sovereign regime whose only check and balance was itself, policies and laws had been enacted to shield the elitist of that time and to control the majority and the marginalised. The way in which information was disseminated to the public was subject to a lot of control.  The media was also muzzled and controlled to always push and promote the regime’s agenda. Enter the 94’ elections and taking centre stage thereafter is the 96’ Constitution which is revered around the world as a model constitution to all democratic states.

South Africa can be seen as setting the bar very high having adopted a Constitution which is generally accepted as the best around the world and then going further and giving effect to one of the most important human rights which is found in section 32 of the Constitution ,the right to access information. This right which is effectively seen to be the “Olympic Torch” of our Constitution states:

Section 32(1)(a) : “provides that everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights.”

The section goes on further to provide that in Section 32(2):

Section 32(2): “National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.”

The Promotion of Access to Information Act, No. 2 of 2000 (hereinafter referred to as “PAIA” or “the Act”) was enacted and enjoys the status of national legislation and gives effect to the constitutional right of access to information. PAIA was promulgated in 2000, and came into operation on 9 March 2001.

As a general rule this means that all people in South Africa including non nationals can request information from public bodies and from private bodies. However, information from private bodies or business can only be obtained if it is needed to protect other rights.

After the Constitution was certified, the PAIA was passed. Because the PAIA legislation gives effect to a constitutional right, it is regarded as a law of superior status and applies throughout the country to all sectors.  This means that laws which contradict the provisions of the legislation have to be brought in line with it so that the right of every person to access information is not limited without just cause.

05 October 2015

By Commissioner Lindiwe Mokate, SAHRC Commissioner responsible for Children’s Rights and Basic Education

SAHRC, its role in SA society and mandate with reference to children

The SAHRC is an independent state institution established by the Constitution of the Republic of South Africa  (Constitution) and operating within the framework of the Principles Relating to the Status of National Institutions (Paris Principles) adopted by UN General Assembly Resolution 48/134 in 1993.

12 November 2016

By Advocate Shafie Ameermia, SAHRC Commissioner responsible for Access to Justice and Housing.

It is now trite principle that it is only just and equitable to evict unlawful occupiers if alternative accommodation is provided where an eviction would otherwise result in homelessness.  The duty to provide alternative accommodation applies not only when an organ of state evicts people from their land, but also when a private landowner applies for the eviction of unlawful occupier/occupiers.

12 November 2016

By Commissioner Bokankatla Malatji, SAHRC Commissioner responsible to Disability & Older Persons

In his address to the delegates at the First Meeting between NHRIs, National Independent Monitoring Mechanisms designated under article 33.2 of the UNCRPD and the Committee on the Rights of Persons with Disabilities, held in Geneva on 25 September 2014, Adv Malatji called on governments to do more to promote rights of people with disability

27 November 2013

By Chairperson Lourence Mushwana, Commissioner responsible for Migration & Equality 

I am honoured to address the opening gathering of the conference on business and human rights convened by the Network of African National Human Rights Institutions (NANHRI). I acknowledge with appreciation our host country Ghana for welcoming us to Accra and to the Commission for Human Rights and Administrative Justice for their invaluable contribution to the planning and support of this conference.

13 September 2013

By Chairperson Lourence Mushwana, Chairperson of the International Coordinating Committee for National Institutions promoting and protecting human rights (ICC)

I am honoured to address you today in my capacity as the Chairperson of the International Coordinating Committee for National Institutions promoting and protecting human rights (ICC).

13    September 2013

By Chairperson Lourence Mushwana, Commissioner responsible for Migration & Equality 

Lecture delivered at the Kacheon University, South Korea

It is a great pleasure to be here with you today. I would like to thank the National Human Rights Commission of Korea and the authorities of the Gachon University for inviting me to share with you my little experience as a human rights defender/activist.

27 June 2013

By Deputy Chairperson Pregs Govender, SAHRC Deputy Chairperson responsible for Basic Services & Health Care

I would like to thank each of you, for the time you have taken to share your expertise, insights and experience with the Human Rights Commission. This conference is an important step in effecting our Constitutional-legislative mandate in relation to the right to information. Section 50 of the Promotion of Access to Information Act provides that ‘A requester must be given access to any record of a private body if (a) that record is required for the exercise or protection of any right.’ This conference will feed into the Commission’s broader mandate in relation to business accountability for human rights, as articulated in our Constitution, in international law and in the United Nations Guiding Principles on Business and Human Rights (“Protect, Respect and Remedy”).

03 October 2012

By Deputy Chairperson Pregs Govender, Commissioner responsible for Basic Services & Health Care

The 2nd Annual Public Lecture held on Wednesday 03rd October 2012, at the University of Witwatersrand.

Today, human rights in South Africa, is defined by the Lonmin-Marikana massacre. The images of human beings killed in a hail of bullets ripped through our awareness...raising consciousness about the hard truth that the right to life and other Constitutional rights are still denied to many who are Black, poor and  working class.